Refugee Claim Eligibility in Canada: Before the IRB Decides the Claim

Before the Immigration and Refugee Board of Canada (IRB) can decide whether a person qualifies for refugee protection, Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) must first determine whether the refugee claim is eligible to be referred to the IRB. Eligibility and the merits of a refugee claim are therefore two different questions.

A claim can be affected by several parts of the person’s immigration and refugee history. These may include previous refugee claims or protection, certain prior decisions, claims made in another country, some inadmissibility situations, and the way or timing of entry into Canada. The Canada–U.S. Safe Third Country Agreement (STCA) can also affect claims involving entry from the United States, although specific exceptions and exemptions may apply.

Current Canadian rules also include additional timing restrictions for certain asylum claims made on or after June 3, 2025. A claim may be ineligible when it is made more than one year after the claimant’s first entry to Canada after June 24, 2020, or when it is made more than 14 days after entering Canada between official ports of entry along the Canada–U.S. land border. Unaccompanied minors are exempt from these two timing rules. These rules are fact-dependent and should not be applied to an individual case without reviewing the relevant entry history and documents.

If your situation involves a U.S. border crossing, a prior refugee claim, a previous ineligibility or refusal decision, another country’s refugee process, or uncertainty about when and how you entered Canada, the exact facts and documents matter. 

Start Here if you are unsure which issue applies. If you already have documents or decisions that require individualized professional review, consider a Professional Immigration Case Assessment.